在“民意”影响审判过程乃至结果的大背景下,正确处理两者关系成为公正审判的必须。刑事立法、执法阶段,应让法律充分考虑民意,在刑事司法阶段则应让法律处于独立的位置,严格按照法律,遵循刑法的基本原则(罪行法定原则、平等适用刑法原则、罪刑相适应原则),使个案公平司法审判。 In the context of “public opinion ” affecting the trial process and even the result, the correct handling of the relationship between the two must become a fair trial. In the stage of criminal legislation and law enforcement, the law should be fully considered by the public. In the stage of criminal justice, the law should be kept in an independent position. In strict accordance with the law, the basic principles of criminal law should be followed (legal principle of crime, principle of equal application of criminal law, , To make the case fair and judicial.